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SPECIAL MESSAGE 

or THE GOVEEIOR, 

IN RELATION TO WESTERN RESERVE SCHOOL LANDS. 



EXECUTIVE OFFICE, 
Columbus, Ohio, January 2)0, 1850. 

'^Gentlemen of the Sentiie and House of Representatives : 

At the ]ast session of the General Assembly, an act was passed, pro- 
viding for the sale of the Western Reserve School Lands, the first sec- 
tion of which provides : "That three appraisers be appointed by joint 
resolution of the General Assembly, to view and appraise in separate 
parcels by lot, the lands aforesaid, lying in the counties of Defiance, 
Henry, Williams, Paulding, Van Wert and Putnam, or elsewhere, and 
to return their appraisal to the office of the Auditor of the State of Ohio, 
by the first day of July next." 

In pursuance of the foregoing act, a joint resolution was on the 20th 
day of March passed, appointing Woolsey Wells the agent, for the 
sale of said lands, and John Codding, Philander Winchester, and 
Nathaniel Owen, the appraisers, with the following proviso : 

Provided, however, that said appraisers and agent, shall not enter 
upon the duties contemplated in the above resolution, till notified by 
the Governor, that the residue of the lands to which said Western Re- 
serve is entitled, under the act of Congress, of June 19, 1834, has been 
selected, and the title thereto confirmed." 

The following preamble and joint resolution was also adopted : 
"Whereas, under the act of June 19, 1834, there are now due to the 
State of Ohio, for the support of common schools on the Connecticut 
Western Reserve, 8354 acres of land, as a portion of the grant ma,de 
by the act aforesaid ; therefore. 

Be it resolved by the General Assembly of the State of Ohio, That 
the Governor be requested, at his earliest convenience, to take such mea- 
sures, as, in his discretion he shall deem proper for the speedy settle- 
ment of said claim, and for the securing to the State, of the lands still 
due under said grant." 

It is presumed, that at the time of the passage of this resolution, the 
quantity of l?.nd still due to the State, having been ascertained, the 
Legislature supposed that all difficulties in relation to said land were 
settled, and that nothing remained to be done but to select the said 
8354 acres, and to procure from the department, the engrossed list of 
the whole quantity together, as evidence to our title. It was presumed 
to be so in this office, there being here found no papers or evidence to 



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the contrary. Accordingly, on the 4th of May, a letter was addressed 
to the Secretary of the Interior, referring to the above law and the re- 
solutions of the General Assembly, stating the quantity of land still 
due to the State as said school lands, and requesting authority to make 
the necessary selections. In reply to this letter, a communication was 
received from the department, from which the following extracts are 
made from the report of the commissioner of the General Land Office 
accompanying said communication. 

'•By act of congress approved 19th June, 1834, Ihe State of Ohio 
became entitled to 37,758 acres for school purposes within the said 
Reserve, and that on the 14th of May, 1835, the Governor transmit- 
ted to this office a list of selections made by the Agent of the Slate, 
under the law referred to, amounting to 37,786y~ acres. Of the 
lands thus selected and reported, 29,403-^^ acres were approved by 
the President of the United States, on the 3rd day of Februaiy, 1837. 
Objections appearing to the residue (8,396Yi-o acres) they were not 
submitted for approval. No selections under this law, have been since 
made and reported to the General Land Office. Therefore, the State 
of Ohio is now (^ptitled to 8,354 acres, under the said law, as stated by 
Mr. Cole ; that being the difference between the amount to which 
entitled under the law and the quantity approved by the President 
in 1837. 

**0f the lands selected hut not approved, but 3,173-^^^ acres are va- 
cant ; and these have been loitlidrawn from sale or entry of every descrip- 
tion, since the year 1 842, with the view of affording the State of Ohio, 
an opportunity of having the said selections legalized by Congress. 

"Should the State wish these lands to remain as they are, awaiting 
the action thereon, by Congress, the quantity to which entitled, less 
tJie amount suspended, may at once be designated ; and upon this 
office being notified of the fact of such determination, the proper in- 
structions will issue to the district land offices. 

"Should the State determine not to await the action of Congress in 
the matter, then the full amount (8,354) can be designated and the 
land offices at Defiance and (Jliillicothe will be instructed, to respect 
and report to this office, such selections as may be made by the 
State, in conformity with the provisions of the act of June 19, 
1834." 

It will be se n by this communication.'that the whole quantity, to 
wit, 37,768 acres, was selected, of which 29,403Jo(, acres being by 
the department submitted to the President, the selections were by him 
approved. To the remaining 8,396—0- acres, the department took ex- 
ceptions to the selections and declined to submit the same to the Pre- 
sident for his approval. It also appeared, that 3, 173^^-^ acres of the 
above selections were still vacant, and withdrawn fiom sale or entry of 
every description, to afford the State of Ohio the opportunity of having 
the selection thereof legalized by action of Congress, also, that if the 
State determined to await the action of Congress, then the quantity to 
which she was entitled less the amount suspended (which would be 
6,1802-0 acres) might be ot once designated — but if the State should 
detei'inine not to awr.it the action of Congress, then the full amount 



(8,354) could be immediately designated. Congress not being in 
session, its action could not be ask. d on the subject. 

The Legislature not being in session, it could not be determined 
whether the fctat ewould relinquished her claim to the 3, 173y^-u acres, 
so selected, with the prospect of having the privilege of selecting much 
poorer lands in lieu thereof. It, therefore, became impossible to bring 
any of the lands into the market this season, as the resolution of the 
General Assembly, provided, that neither the agent or the appraisers 
should enter upon their respective duties till the residue of ihe lands 
due the State were selected and the title thereto confirmed. From a 
full examination of the matter, I became satisfied that tlie selections 
, (with the exception perhaps of a very small portion of them) Avere 
made in strict conformity with the law of Congress, of June 19, 183 ', 
and therefore, the State had the right to expect that her title to so 
much as remained otherwise undisposed of, would be confirmed, and 
I had the more confidence in this opinion as I found it was fully sus- 
tained by the decision of the then Attorney General of the United ^States, 
Mr, Butler twice given to the department, distinctly saying, that these 
lands were selected in conformity with the law of Congress on this sub- 
ject. I therefore, addressed another letter to the department, May 22, 
from which I make the following extracts : 

"It further appears from said report, that a part of the 8,354 acres 
thus selected, were afterwards taken by the State for the Wabash and 
Erie canal, and a part were sold prior to the 3d of February, 1837, at 
which time the list which was approved, was submitted to the Presi- 
dent. "The remainder of these lands, to wit, the 3, 173j^-ij- acres 
which are reserved from sale have not been submitted for approval. 
There are not in this office any papers showing the objections to these 
selections, and not being advised upon this subject, it is deemed proper 
to urge upon tlie department the propriety of examining this matter 
and laying the same before the President for his approval. The lan- 
guage of the law of June 19, 1834, authorizes the selections out of any 
P'ublie lands that have been heretofore offered at public sale, and that 
remain unsold in the State of Ohio." The lands selected and 
not approved, were all from lands which had been ofi'ered at public 
sale and which remained at the time unsold. 

"In the absence of any papers in this office showing the objections to 
this selection, the Executive feels bound to insist upon the right of the 
State of Ohio, to have what now remains of that selection, to wit, the 
3,173\^-Q acres approved, and the more especially as this view of the 
case is clearly sustained by the then Attorney General of the United 
States. That office being called upon for his opinion in reference to 
these very lands (laws and opinions upon the public lands part 2 page 
196) gave his opinion unequivocally, in favor of the legality of the 
selections made (letter dated April 20th, 1835.) Again in his letter 
dated April 28th, 1835, same book, page 197, after having reflected 
upon the reasons assigned by the department, he says, "but I still ad- 
here to the opinion expressed in my communication of the 20th, for I 
find no limitation, either expressly or impliedly, contained in the ac;, 
oi June, 1834, except that the lands to be designated shall be publi^ 



lands, that they shall have been offered for sale and that they shall 
have remained unsold. I do not perceive that we have any right to 
amend the law by inserting the additional limitation that they shall 
also have been subject to entry or sale at the minimum price. It 
might have been highly proper to have inserted such a provision, but 
of this, Congress Avas the exclusive judge. It appears to me that we 
must take the law as we find it ; and that as the words are clear and 
explicit, there is no room tor interpretation, and to my apprehension, 
scarcely any for reasonable doubt as to the legal efl'ect of the enact- 
ment." Confirmed in my own opmion by these opinions of the Attor- 
ney General, that these selections were legally made and that the 
Stat ■ is now rightfully entitled to the lands so selected, I cannot but 
beljpve, that if the subject be examined and submitted to the Presi- 
d 1 1, what now remains of said lands, to Avit, the 3, 173—0 acres, 
will ue approve;!. 

"Deducting the amount of the lands reseived and which I cannot 
doubt will be approved, there still remains due the State for the Wes- 
tern Reserve " chool Lands, 5, 18Cy|o acres which I have to request 
the State may be authorized to select, as soon as convenient, as the 
Legislature has required that they should be brought into market im- 
mediately. To enable the Legislature to decide this question advised- 
ly, if it shall still be decided that this selection cannot be approved, 
there will be needed something to show the location of the lands re- 
served. 

"1 have, therefore, to request of the department, a description list of 
the 3,173^— acres now suspended from sale. By a paragraph mark- 
ed No. 3 in the communication of the commissioner, it appears th it a 
letter was sent to this office under date of 8th February, 1837, inform- 
ing the Executive of the approval of 29,403y|o- acres ; this paper 
clearly ought to be in this office, but it is not found here at this time. 
I have to request a copy of that communication." 

In answer to this letter, a communication was received from the 
Secretary of the Interior, dated June 18, 1849, inclosing copies of the 
commissioner's letters to him of the 4th and 13th June. 

The Commissioner says in his comm.unication of the 4th June, 1849: 
"In my letter to you on the 10th uit., on this subject, it was stated, 
that all of the tracts on the list referred to, were still vacant, having 
been withdrawn from sale or entry of every description since the year 

1842, with the view of affording the State of Ohio an oppor unity of 
having the said selections legalized by Congress. Itnow appears that 
an error was made by the Clerk who examined the tract books, in ref- 
erence to this matter, and that some of the lands referred to have been 
Bold and the ftXiU'vt's, ■paiented under a special law of Congress. 

"The said entries were cancelled, in the first instance but subsequent- 
ly ^a^e/^/eo? as stat d, under an act of Congress, approved 1st March, 

1843, entitled an act for the relief of Joseph Hover, Abelard Guthrie, 
and Edmond Ogden. This latter fact escaped the notice of the Clerk 
making the examination of the tract books." 

The Commissioner in his letter to the Secretary, of June 13, 1849, 
i?ays: "I cannot therefore think that it was contemplated by Congress, 



^o accord to the State of Ohio, the privilege of selecting for school 
purposes within the said Reserve, lands which could not be entered by 
bonafide settlers thereon, with the view of securing their improvements." 

The Secretary says: "I concur with the Commissioner, in the opin- 
ion expressed, adverse to the right of .the State to select lands in the 
alter ate sections along the Wabash and Erie Canal." 

AfterwarJs a coinraimication was received from the Commissioner 
of the General Land Office, which after remarks upon the subject and 
stating the amount still due to be 8,354 acres, says; "Selections, how- 
ever, to the patent of 1138iVo acres, which have been made by the 
State but not approved, as you were lately advised yet remain sus- 
pended, and have so remained since 1842, to afford the State an op- 
portunity of having the same confirmed by Congress. Deducting this 
amount an I the area of the S. W. qr. 24. T. 4 N. R. 6 E. (which is re- 
garded as a valid selection, although it has not been approved as yet,) 
from the quantity to which entitled 7056 acres remain to be designat- 
ed by the State of Ohio, for the purpose aforesaid. The Land Offi- 
cers at Defiance and Chillicothe have been this day instructed to re- 
spect and report to this Office, such locations as may be made by the 
State of Ohio in conformity with law, lor this purpose." 

It appears from the foregoing, that the amount of the 
original selections which was not approved, and is 
now due, is , 8,334 acres. 

Of this amount there has been disposed of 
by Department to this State, for Canal pur- 
poses and to individuals 5,020xVo 

By special act of Congress to E. Ogden and 

others 2,035iVo 

S. W. qr. Sec. 24, T. 4 N, Range 6 East, 

regarded as a valid selection 160 7,2 1 SjVo acres^ 

Quantity suspended from sale as stated by the Commis- 
sioner of the General Land Office l,138iVo acres. 

Again t^e amount due is 8,354 acres. 

The amount suspended from sale i,138iVo 

S. W. qr.Sec. 24, T. 4 N. R. 6 E 160 l,298iVo acres. 

Leaving -the amount authorized by the Commissioner 
.of the General Land Office, to be selected in full acres 7,056 acres 

When these facts were ascertained, it app ared that the lands could 
jiot fee placed in market during the summer as the time limited by the 
iaw for the action of the appraisers had expired, and more particular- 
ly for the reason t' at the 1 138iVo acres remained su pendedfrom sale, 
awaiting the action of Congress to confirm the sale, or the action of 
the Legislature to relinquish the claim of the State, in order that a 
new selection might be made. 

On being informed that the lands were being fast located, it was be^ 
Heved to be the best policy to select the 7,056 acres before the quan- 
tity of lands from which the selections were to be made should be any 
more reduced. 



6 

Accordingly, on the 15th of October, John Codding, Esq., of Me- 
dina county, was appointed agent on the part of the State of Ohio, to 
select said 7,056 acres with the necessary instructions, and was direct- 
ed to report to this office and to the United States Land Office at De- 
fiance. 

On the 1 1th day of December, said agent having completed his se- 
lections made report to this office, a copy of which is hereto attached, 
and from which it appears that ho has selected 7,04 ! iVo acres, being 
the nearest approach to the amount to be selected that the fractional 
sections and half and quarter sections would admit of. 

This report has been forwarded to the Department of the Interior 
with a request that the same may be laid before the President for his 
approval — ^^no answer has yet been received, but is daily expected. 

Tbe question is to be settled relative to the l,138,Vo acres, whether 
the State shall ask the action of Congress to confirm the selection, or 
■whether the State will relinquish its claim to that selection, and be per- 
mitted forthwith to make a new selection in lieu thereof. To this se- 
lection there may be some legal objection not because it is within the 
alternate sections, but because nearly all of it is in less quantities than 
quarter sections, which was not permitted by the law. In view of the 
facts that there are some l^^gal objections to this selection, and of the 
long delay that probably will be occasioned by waiting for the action 
of Congress in the matter, and the uncertainty v/hether that action 
may not be unfavorable, it would seem to me to be the better policy to 
waive the claim to this selection and make a new selection. 1 would, 
therefore, recommend that the Legislature authorize the Governor on 
the part of the State, to relinquish any claim to the selection of the said 
l,128iVo acres of laud, and ask authority to select others in lieu thereof. 

To enable the lands to be brought into market, some amendments 
will be needed to the legislation on thats ibject. 

As the time for the return of th ; appraisers, to ma'.e their report, 
expired on the 1st day of July last, and the time fixed for the public 
sale has also passed, the law will require amendment in this respect, 
and the time for the action of the appraisers having expired by limita- 
tion, it may be necessary to appoint others or reaffirm the former ap- 
pointment. 

All of which is respectfully submitted. 

SEABURY FOED. 

January 30, 1 850. 



To His Excellency — 

S. Ford, Governor of Ohic 



-Siri 



By virtue of your appointment, and accompanying letters of instruc- 
tions, dated October 15th, 1849, empowering and directing me to make 
selection of certain lands for the support of schools in the Connecticut 
Western Reserve, in conformity lo a law of Congress, approved June 
19, 1834. I have attended to the duties assigned, and made selections 
of lands designated in th: following schedule, a copy of which I have 
delivered to the Register of the United States Land OtSce at Defiance, 
in the county of Defiance, Ohio: 



Sect. 


What part. jTownshipl 


10 
15 


S.E.i 

Whole 


3 No 


rth. 


22 


Do 


13 


S. E. 4 _ 


91 


N. W.^ 


20 


S. E. ^andS. E.^ of N.E.^ 
N. W. 1 


14 
23 
15 


N. W. ^._.. 

S.E. i. 

N. W. 1 


24 


S. E.4 , 


25 


E. -1 


18 


N. W.^ 


19 


Whole 


30 


Whole 


31 


Whole 


32 


Whole 


33 
34 


Whole . 

W.| 


8 


W.i 



8 Easi 



160 
640 
640 
160 
160 
200 
160 
160 
160 
160 
160 
320 
155 
628 
629 
627 
640 
640 
320 
320 



31 



72 
68 
48 
15 



7,041 iVo 

The entire quantity to be selected as per letter of instructions "is 
7056 acres, or eleven entire sections." The amount actually selected 
is 7,041 iVo acres, exceeding by one ,Vo acres, eleven entire sections, 
yet less by 14iVo acres, the amount recognized to be due by the Com- 
missioner of the General Land Office. 

To approximate as near as could be done, and recognize the subdi- 
visions known at the Land Office at Defiance, I selected the South 
East quarter of the North East quarter of section 20, T. 3 N ., R. 8 E. 

All of which is respectfully submitted. 

JOHN CODDING, 
Agent for the State. 



LIBRARY OF CONGRESS 



021 324 673 2 



